By Dutton H.B. No. 2639 77R6039 JSA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the inclusion of an incarcerated person in the 1-3 population data used for redistricting according to the person's 1-4 last residence before incarceration. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 2058, Government Code, is amended by 1-7 adding Sections 2058.003 and 2058.004 to read as follows: 1-8 Sec. 2058.003. INCLUSION OF INCARCERATED PERSONS IN CENSUS 1-9 COUNTS. (a) Not later than the next September 1 following the date 1-10 on which the tract-level population counts for this state from the 1-11 federal decennial census are released by the director of the Bureau 1-12 of the Census of the United States Department of Commerce, the 1-13 comptroller shall prepare and disseminate adjusted population 1-14 counts for each geographic unit included in the census counts as 1-15 provided by this section. 1-16 (b) Not later than June 1 of the year in which the federal 1-17 decennial census is conducted, each state or local governmental 1-18 entity in this state that operates a facility for the incarceration 1-19 of persons convicted of a criminal offense, including a mental 1-20 health institution for those persons, or that places any person 1-21 convicted of a criminal offense in a private facility to be 1-22 incarcerated on behalf of the governmental entity, shall submit a 1-23 report to the comptroller with the following information: 1-24 (1) the name of each person incarcerated in a facility 2-1 operated by the governmental entity or in a private facility on 2-2 behalf of the governmental entity on the date for which the census 2-3 reports population who completed a census form, responded to a 2-4 census inquiry, or was included in any report provided to census 2-5 officials, if the form, response, or report indicated that the 2-6 person resided at the facility on that date; 2-7 (2) the age, gender, and race of each person included 2-8 in the report and whether the person is of Hispanic, Latino, or 2-9 Spanish origin, if known; and 2-10 (3) the last address at which the person resided 2-11 before the person's current incarceration. 2-12 (c) Each governmental entity required to make a report under 2-13 Subsection (b) shall ensure that it collects and maintains the 2-14 information required to make the report. 2-15 (d) The comptroller shall request each agency that operates 2-16 a federal facility in this state that incarcerates persons 2-17 convicted of a criminal offense to provide the comptroller with a 2-18 report including the information listed in Subsection (b) for 2-19 persons convicted of an offense in this state. 2-20 (e) For each person included in a report received under 2-21 Subsection (b) or (d), the comptroller shall determine the 2-22 geographic units for which population counts are reported in the 2-23 federal decennial census that contain the last address at which the 2-24 person resided before the person's incarceration according to the 2-25 report and, if that address is in this state: 2-26 (1) adjust all relevant population counts reported in 2-27 the census, including populations by age, gender, race, and 3-1 Hispanic, Latino, or Spanish descent, as if the person resided at 3-2 that address on the day for which the census reports population; 3-3 and 3-4 (2) eliminate the person from all applicable 3-5 population counts reported in the federal decennial census for the 3-6 geographic units that include the facility at which the person was 3-7 incarcerated on the day for which the census reports population. 3-8 (f) Not later than October 1, 2001, each governmental entity 3-9 to which Subsection (b) applies shall provide the report described 3-10 by that subsection to the comptroller for persons incarcerated on 3-11 April 1, 2000. The comptroller shall prepare adjusted population 3-12 counts for each geographic unit included in the 2000 federal 3-13 decennial census as required by this section not later than January 3-14 1, 2002. This subsection expires January 1, 2003. 3-15 Sec. 2058.004. USE OF ADJUSTED CENSUS COUNTS FOR 3-16 REDISTRICTING. (a) Each political subdivision of this state that 3-17 elects any members of a governmental body from election districts, 3-18 wards, or precincts that are subject to the one-person one-vote 3-19 requirement of the Constitution of the United States shall ensure 3-20 that after redistricting each of those election districts, wards, 3-21 or precincts does not vary from the average population of those 3-22 districts, wards, or precincts according to the most recent 3-23 adjusted population counts prepared by the comptroller under 3-24 Section 2058.003 by more than five percent. 3-25 (b) A state governmental body, including the legislature, 3-26 the Legislative Redistricting Board, or any state court, that 3-27 redistricts any election districts subject to the one-person 4-1 one-vote requirement of the Constitution of the United States shall 4-2 comply with the restriction provided by Subsection (a). 4-3 (c) A governmental entity to which this section applies may 4-4 exceed the adjusted population restrictions required by this 4-5 section only to the extent necessary to comply with federal law. 4-6 SECTION 2. This Act takes effect immediately if it receives 4-7 a vote of two-thirds of all the members elected to each house, as 4-8 provided by Section 39, Article III, Texas Constitution. If this 4-9 Act does not receive the vote necessary for immediate effect, this 4-10 Act takes effect September 1, 2001.